Sexual Harassment

Sexual harassment is a type of sex discrimination that defies Title VII
of the Civil Rights Act of 1964. Sexual harassment is defined as
unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature where a person’s employment is
affected because the employee submitted to or rejected the unwelcome
conduct, or if the conduct unreasonably interferes with an individual’s
work performance or creates a hostile work environment. Title VII
addresses employers with at least 15 employees, including those in state
and local government, as well as elements of the federal government.

What is Workplace Harassment?

Illegal workplace harassment falls into one of two categories: quid pro
quo (this for that) harassment or hostile work environment harassment.
Quid pro quo harassment occurs when harassing conduct results in an
intangible change in an employee’s employment status or benefits
(becomes a condition of continued employment or leads to demotion,
termination, lack of promotion opportunities.) In hostile work
environment harassment, the conduct is severe or pervasive enough to
create a work environment that a reasonable person would consider
intimidating, hostile or abusive.

Harassment is often difficult to define, as many actions in the
workplace tread the fine line of harassment. In general, conduct is not
illegal if it only consists of offhand comments, annoyances, jokes, or
petty slights not intended to severely injure an individual; however,
slurs, assaults, threats, ridicule, insensitive display of pictures and
offensive jokes may be considered harassment should they interfere with
the work performance of a reasonable person. Harassment is typically a
series of repeated acts; however, isolated incidents may also fall under
the umbrella of harassment if the behavior is particularly egregious or
offensive.

In addition, a number of harassment cases violate state and federal
anti-discrimination laws. These are forms of harassment due to
someone’s sex, race, national origin, religion, sexual preference, age,
disability, transgender identity, or marital status.

What is Considered Sexual Harassment?

Undesirable sexual advances, demands for sexual favors, and other oral
or bodily conduct with a sexual connotation are considered sexual
harassment when:

A person’s employment is overtly affected

An employee’s workflow is unjustly interrupted

A taunting, antagonistic, and offensive work environment is created

Hostile Work Environment

A hostile work environment is one form of harassment in the workplace,
where conduct is severe or pervasive enough to create a work environment
that a reasonable person would consider intimidating, hostile, or
abusive. A hostile work environment is also frequently referred to as an
intimidating work environment, offensive work environment, abusive work
environment, or hostile workplace. The person responsible for creating
such a threatening atmosphere could be an employee (such as a boss or
coworker) or even a non-employee (such as a customer or independent
contractor). Offensive conduct may entitle the victim to legal recourse
through a harassment lawsuit against the employer or another employee.

Sexual Harassment that Creates a Hostile Work Environment

Examples of sexual harassment that can contribute to a hostile work
environment include:

Gawking at someone in a sexually suggestive manner.

Making rude comments regarding appearance (i.e. clothes, body parts).

Contact that could make an employee feeling awkward (i.e. patting,
pinching, or intentionally rubbing up against someone).

Some behaviors may be difficult to ascertain whether they are acceptable
or illegal harassment. When there is mutual consent on the part of two
adults, and the behavior is not offending any of their coworkers, it is
acceptable. For example, when a supervisor conducts a performance
evaluation with a subordinate, it is not viewed as harassment unless the
feedback is not truthful or inappropriate behavior occurs during the
assessment.

Examples of Sexual Harassment

There are numerous situations in which sexual harassment occurs, some of
which may be overlooked:

The victim and harasser can be a woman or a man. They can be of the
same sex as well.

The harasser may be the victim’s boss, an agent of the employer, a
manager in another department, a coworker, or someone who is not even
employed by the same organization. Clients and customers can also be
sued for sexual harassment.

The victim does not have to be the direct target of the harassment;
the victim could be anyone who is offended by the behavior.

Sexual harassment can occur without the victim experiencing any
financial effects or losing their job; it can also occur when it
creates an inhospitable work environment.

The offensive comments need not be explicitly sexual in nature; they
can include general offensive comments about a person’s sex.

The harasser’s actions must be unacceptable. There is no victim if
the person in question feeds into the harasser’s behavior.

Employer Liability for Harassment

An employer can be liable for harassment by a supervisor that results in
a negative employment action such as termination, failure to promote or
hire, and loss of wages. If the supervisor’s harassment results in a
hostile work environment, the employer can avoid liability only if it
can prove that:

It reasonably tried to prevent and promptly correct
the harassing behavior;

And the employee unreasonably failed to take
advantage of any preventive or corrective opportunities provided by the
employer.

In addition, an employer may be held liable for harassment by regular
employees or non-employees over whom it has control (e.g., independent
contractors or customers on the premises), if it knew, or should have
known about the harassment and failed to take prompt and appropriate
corrective action.

Documentation of Harassment

As the personal testimony and limited recollection by the subject of
harassment is sometimes not enough to prove that the events in question
actually occurred, it is important for these individuals to keep
detailed records related to the harassment. Any material that could help
corroborate a claim or aid in providing detailed explanations of what
occurred can prove valuable in putting together a quality complaint.

One of the most useful practices in proving that harassment occurred is
to take notes or diary entries that explain the circumstances of each
event in detail. Some of the important aspects of such notes include:

What happened

When it happened

Who was involved

Where it happened

Witnesses

How you initially reacted

Dealing with Harassment

Any actions taken by the employee being harassed in an effort to stop or
correct the problem will be useful in proving later that harassment did,
in fact, occur. If you believe you are a victim of harassment, it may be
useful to take these initial steps to attempt to resolve the problem:

Ask the person to stop, and let them know that their actions are
making you uncomfortable and violate the code of conduct.

Keep detailed documentation of all events that you deem as harassment.

If the behavior does not end, notify your supervisor and begin the
grievance process outlined in your employee handbook.

If the conduct is particularly outrageous or does not stop after
confronting the harasser, the employee should report their complaints to
superiors. This action gives the company or organization the opportunity
to conduct their own investigation, and also serves to solidify the
employee’s complaint formally. If the company does not take corrective
action or conduct persists anyway, the victim may have a chance to prove
in a lawsuit that harassment occurred and that the employer should also
be held liable. Employees should first report harassment to:

Supervisor

Manager

Other grievance handler (i.e. human resources manager) or union

Anti-Discrimination Board

Management is responsible for making sure the alleged harassment victim
and any witness do not experience a backlash in response to coming
forward.

Finally, employees alleging workplace harassment must file an
administrative complaint with the Equal Employment Opportunity
Commission (EEOC) or relevant state agency. The organization under which
the complaint is filed will then investigate and determine your legal
rights. They may conduct the entire discovery process and determine a
legal remedy themselves, or hand over to the employee the right to sue
for harassing conduct. These intermediate forms of remedy may be
simplified with a skilled and experienced labor and employment attorney.
A harassment lawyer will be able to create and collect the necessary
documentation and evidence, notify the proper authorities and present a
strong case to receive compensation for harassing conduct.

Retaliation after Workplace Harassment

Under Title VII, it is illegal for an employer or other employee to
retaliate against any individual who:

Disagrees with employers that discriminate based on sex, gender, race,
religion or any other protected class

Files a discrimination charge

Offers testimony or partakes in an investigation or court proceeding

Employees should not fear reporting harassing conduct, as employers are
prohibited against retaliating against any individual that makes a
report of harassment to the EEOC. If the EEOC agrees with the merits of
the harassment claim, the subject of the illegal conduct may be able to
receive compensation for back pay, employment reinstatement, promotion,
and compensatory or punitive damages for certain conduct.

The sexual harassment attorneys at Morgan & Morgan have extensive
experience investigating, preparing, and litigating employment sexual
harassment claims. We have a proud history of providing compassionate
advocacy for victims of workplace harassment, and dedicate ourselves to
stopping the harassment and seeking full compensation for our clients.
To find out if you may be eligible for legal recourse through a sexual
harassment lawsuit, do not hesitate to fill out our free case review
form.

A former reporter in Michigan has filed a $100 million dollar federal lawsuit against her previous employer, Scripps Media, Inc. (d/b/a “WXYZ-TV”), alleging years of sexual harassment and workplace retaliation....